Agenda and draft minutes

To elect a Chairman for the meeting

Cllr D J Knowles was duly elected as Chairman

To receive any apologies for absence and notices of appointment of Substitute Members (if any).

There were no apologies.

The Sub Committee to decide, in light of the information set out within the report and the response of the licence holder, whether or not the individual is fit and proper to hold a hackney carriage / private hire driver licence and a private hire vehicle license with Mid Devon District Council.

During discussion of this item it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 12 12.02(d) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Committee will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information.

ACCESS TO INFORMATION ACT – EXCLUSION OF THE PRESS AND PUBLIC

RECOMMENDED that under section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act, namely information relating to an individual.

The Members, officers and the applicant introduced themselves.

There were no interests to declare.

Prior to consideration of a report * from the Group Manager for Public Health and Regulatory Services considering whether an applicant for a Hackney Carriage / Private Hire Driver could be considered ‘fit and proper’ to hold a licence, the Sub Committee discussed whether or not the Hearing should be held in public or private. Members considered that the circumstances of the case would be likely to reveal the identity of the applicant. The following resolution was therefore passed:

ACCESS TO INFORMATION ACT – EXCLUSION OF THE PRESS AND PUBLIC

RESOLVED that under section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act, namely information relating to an individual.

The Lead Licensing Officer outlined the contents of the report. He explained the key aims and objectives within the policy, those being public safety and the prevention of crime and disorder. The options before the Sub Committee in relation to the licence were also outlined.

The Lead Licensing Officer explained that the requirement for a Private Hire Vehicle Licence had been removed as the applicant had signed over the vehicle to a third party who would now be employing her. The new owner would be responsible for all paperwork relating to the vehicle including MOT’s and Private Hire Vehicle Licence applications.

The report had summarised the previous licence history and the applicant was explained her right to question the evidence given by the Lead Licensing Officer.

The applicant was then questioned by the members of the Sub Committee about the circumstances leading up to the hearing.

The Sub Committee withdrew to consider it’s decision.

Having reflected on the evidence presented the Sub Committee:

RESOLVED to grant the application to renew the Hackney Carriage/Private Hire Driver Licence for 7 months as they did feel that the applicant was a fit and proper person to hold a licence. However the applicant was given a formal warning that if paperwork was late again the licence could be revoked.

Reasons for this were:

A.        The Sub Committee felt that transfer of the vehicle to a third party would reduce the administration requirements of the applicant.

B.        The licence would be issued for 7 months to ensure that the Medical Documents due on 28th August 2019 were submitted on time.

C. Other than managing the paperwork the Sub Committee felt that the applicant was a good taxi driver who was an asset to her customers

(Proposed by the Chairman)